Allahabad High Court
Zafar vs State Of U.P. And 3 Others on 15 March, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 735 of 2023 Applicant :- Zafar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. No one has appeared on behalf of the first informant despite service of notice.
The present bail application has been filed by the applicant in case crime No. 389/2022, under Sections 363, 342, 376, 504, 506 IPC, Section 3/10 of Prohibition of Child Marriage Act, 2006 and Section 3/4 of POCSO Act, police station Tanda, District Rampur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has not committed any offence. It was submitted that the first information report of this case was lodged by the informant by moving an application under Section 156(3) CrPC, making false and baseless allegations. In her statement, recorded under Section 161 Cr.P.C., victim girl has stated her age as 19 years and she has stated that her mother has lodged the false first information report and in fact she was having an affair with applicant-accused and she has performed 'Nikah' with him and they were residing as husband and wife. She has further stated that no one has enticed her away. Similarly, in her statement, recorded under Section 164 Cr.P.C., victim girl has reiterated that she has performed 'Nikah' with applicant with her own free will and she was not enticed away by any one and no such incident has taken place with her. She has further stated that her mother has lodged a false case in anger. Though, as per ossification test, age of victim girl has been shown as 16 years but she herself has stated her age as 19 years and stated that her date of birth is 01.01.2003. Further, there are no allegations of rape against the applicant. Lastly, it was argued that the applicant is in judicial custody since 23.09.2022, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that as per ossification test, victim is a minor girl, aged about 16 years.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Zafar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law.
Order Date :- 15.3.2023 Anand